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1. Ordinance 1656 - Amending Ordinance 1587 - Impact Fees - 1st Readingr r r Tel 406.758.7977 Fax 406.758.7979 charball @kalispel1.comi TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney Myrt Webb, Interim City Manager SUBJECT: ordinance No. 1050 -- Amending ordinance 1587 — Establish.ing Procedures for Contributions in Lieu of Impact Pees to Fund Capital Improvements STING DATE: Monday, March 9, 2009 — Regular Council Meeting BACKGROUND: Some of the community comments about the proposed transportation impact fees centered on some uncertainty or misunderstanding about how the City might administer offsets to contributions that developers may make to the Capital Improvement Plan (CIP), such as the construction of a portion of a roadway on the CIP. ordinance No. 1056 amends a portion of the previously adopted. ordinance No. 1587, and sets forth the process and requirements of offsets with more specificity. RECO A.TION: That Council pass ordinance No. 1050 establishing certain procedures for the consideration of offsets, otherwise known as contributions in lieu of impact fees, to fund capital improvements. FISCAL EFFECTS: The amplification of the existing ordinance should be helpful to the City and the development community to better understand how offsets to impact fee requirements will be administered. This may have a beneficial fiscal impact by eliminating some perplexity about the issue and calming investor concerns. Respectfully submitted, 01 Charles Yialall, City Attorney Myrt ebb, Interim City Manager ORDINANCE NO.1656 AN ORDINANCE AMENDING PORTIONS OF ORDINANCE 1587 ENACTED ON OCTOBER 16, 2006 CODIFIED AS KALISPELL CITY CODE 8-32 AUTHORIZING AND ESTABLISHING THE PROCEDURE FOR CONTRIBUTIONS IN LIEU OF IMPACT FEE PAYMENTS TO FUND CAPITAL IMPROVEMENTS IN THE CITY OF KALISPELL AND DECLARING AN EFFECTIVE DATE. WHEREAS, Montana state law at MCA. 7-6-1601 through 7-6-1604 authorizes the establishment and imposition of impact fees by municipalities to fund capital improvements made necessary by new demand on public facilities; and WHEREAS, an impact fee represents a fee for service payable by all users creating additional demand on a city facility; and WHEREAS, the Kalispell City Council enacted ordinance 1557 on October 16, 2006 that authorized and established, among other things, the procedures for contributions in lieu of impact fee payments to fund capital improvements in the City of Kalispell; and WHEREAS, it is the finding of the City Council that it is in the best interests of the City of Kalispell that certain impact fees be imposed to fund capital improvements and that current established procedures be amplified to ensure compliance with state law. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONT.ANA, THAT THE KALISPELL CITY CODE BE AMENDED TO READ AS FOLLOWS: SECTION I. 8-32 Contributions in Lieu of Impact Fee Payments - Offsets. � w+ w r w a w w w A ►� Ai + A • w w w w w w w A+ �► w +� w ■r ■ ■ 10.w w a w w+ w ; i ■ ■ ■ ■ ���j A w A A A w w w w i r i ■�li NA+ w A w a � � A• w w 1. �� A w a w w ■ ■ i1 011111 V. ■ willb ! ■ ! R w A+ w w ■ A w: t r a � A w a! w. ■ wl A � �! w ■*11111 ILVA 5 MV4i = ; w w ■ w w w a N r w A �► w a w � a w l A. a it ■ i ■ ■ A w r wa ■ ! # ! ■ ■ i ■ ! i ■ ■ Jil ■ ■ ■ i ■ i ■ ■ w + M w w w w w w A r ■ r C9�1��ii� ■ ■ ■ A. offsets against the amount of a develo ment ins act fee due from a new develo ment shall be provided for contributions made or to be made in the future b the affected property owner in cash orb dedication of land orb actual construction of all or art of a public facility or vublic facilities identified in an adopted CIP and meeting -or exceeding the demand aenerated by the new development. B. The amount of any excess contribution shall be determined by the Director of Public Works and the Director of Finance upon receipt. of an__application form re uestin an offset; provided, however, that a the City will make no reimbursement for excess contributions unless and until the particular development.. ism act fee account has sufficient revenue to make the reimbursement without overdrawiniz the account or je.opardizina the continuity of the Cit 's Capital Improvements Program; and b the excess contribution may not be transferred or credited to an other t es of development impact fees calculated to be due from that development for other t es of public facilities. The determination of the eligibility for and the amount of the offset shall be made by the Director of Public Works and the Director of Finance based on the fair market value of the proposed dedication construction or contribution as established by appraisals and construction receipts or construction bids as applicable. If the applicant contends that anv aspect of the Cit 's decision constitutes an abuse of discretion the..,applicant shall be entitled to appeal pursuant to Kalis ell Cit Code 8-33. C. offsets for dedication of land or rovision of public facilities shall be applicable only as to development impact fees im osed for the same types.of public facilities that are proposed to be dedicated orrovided. Even if the value of the dedication of land or rovision of a public facility exceeds the develo meat im act fee due for the type of public facilit the excess value may not be transferred to development im act fees calculated to be due from the applicant for other types of ublic facilities for which development impact fees may be imposed. offsets for excess capacity may, however, be transferred to the same applicant or to other applicants for new development that creates a demand for the same type of vublic facilit and which development impact fees are due vursuant to this Cha ter. D. Anv offset or reimbursement shall be pursuant to a duly executed development agreement. E. No offsets shall be given for the construction of local on -site facilities structures improvements, or other project im rovements required.by...zo.ning, subdivision or other cit state or federal regulations unless the improvement is identified in the Capital Improvement Program or there is a findin that the ro osed im rovements meet the same need as improvements identified in the Ca ital Improvements Program. SECTION II. This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS DAY of MARCH, 2009. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk